Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Entire DC Network
Fair Measure Of The Right To Vote: A Comparative Perspective Of Voting Rights Enforcement In A Maturing Democracy, Janai S. Nelson
Fair Measure Of The Right To Vote: A Comparative Perspective Of Voting Rights Enforcement In A Maturing Democracy, Janai S. Nelson
Faculty Publications
Constitutional text and government action are at times discordant in important ways. This discrepancy occurs in both mature and emerging democracies. It can result in the underenforcement of constitutional norms and implicate the rule of law. When the constitutional norm involves the right to vote, the gap between constitutions and governance inevitably triggers concerns about democracy as well. There is rich and ample debate within American legal scholarship over the effect of the underenforcement of constitutional norms on the scope and meaning of the norm. The arguments generally fall into one of two camps. One strand of argument suggests that …